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This is a question that clients actually ask a lot. The short answer is almost always no, because prior restraints on free speech, through the use of an injunction or other order of a court, are presumptively unconstitutional. Both the United States and Texas Constitutions have robust protections of free speech; in fact, the TexasRead more

As I have written previously, the Texas Citizens Participation Act (“TCPA”), otherwise known as the “Anti-SLAPP” law, has enjoyed a significant amount of attention since its enactment in 2011. The TCPA’s stated purpose is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government toRead more

Little known facts about the Texas Theft Liability Act. The Texas Theft Liability Act (“TTLA”), Chapter 134 of the Texas Civil Practice and Remedies Code, was originally enacted in the late 1980’s to create a statutory civil cause of action against individuals who steal property from another, which did not previously exist in theRead more

I’ve been SLAPPed, now what? “SLAPP” stands for a Strategic Lawsuit Against Public Participation. Such lawsuits traditionally entailed claims – often frivolous ones – by large corporations or the government aimed at silencing individuals from discussing their opinions or otherwise exercising their First Amendment rights, the end goal being to force the individual to caveRead more

Trade secret protection under state vs. federal law Parties in Texas long had to look to the common law when litigating to protect their trade secrets. That has all changed. In 2013, Texas joined the vast majority of states and enacted the Uniform Trade Secrets Act (UTSA), found at Section 134A.001, et. seq. of theRead more

“The Due Process Clause ‘does not contemplate that a state may make binding a judgment . . . against an individual or corporate defendant with which the state has no contacts, ties, or relations.’” Shaffer v. Heitner, 433 U.S. 186, 216 (1977) (quoting International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945)). In itsRead more

The short answer is absolutely – as long as they comply with Section 15.50, et. seq., of the Texas Business & Commerce Code, otherwise known as the Covenants Not to Compete Act (the “Act”). I actually get this question from people quite a bit. In fact, I have heard from many people that they wereRead more

Since the signing of the Constitution, free speech and free press have been cornerstones of the freedoms provided to citizens in the United States. However, free speech and free press have never been absolute. For example, defamation laws allow a person to be held accountable for printing untrue and harmful statements about another, known asRead more

The mechanic’s and materialman’s lien statute in the Texas Property Code (Chapter 53) serves the dual purpose of requiring a property owner to take reasonable steps to ensure that his contractors are paying their subcontractors and affording subcontractors – who often do not have a contract with the owner – protection for the work thatRead more

Forming an entity, such as a corporation, limited partnership or limited liability company, is an important and commonly used way for an individual to shield himself or herself from personal liability for acts taken on behalf of the entity. However, there are exceptions in which an individual may be held personally liable. One such wayRead more